Sex, Lies, and Audio Tape.

What is the name of your state (only U.S. law)? Georgia

Okay, so maybe this won’t be quite as intriguing as the title suggests.

**I’m looking for LEGAL opinions on different aspects of this situation. I would appreciate sources cited, background on personal experience that is relevant, or citing specific laws where applicable.**

I apologize in advance for the length. For the sake of time and clarity I will provide a brief background on this situation and questions will follow chronologically. Records have been made of every conversation and can be verified by witnesses of high credibility. I currently have representation that specializes in personal injury but believe that aspects of this have forced it into a different area.

A few months back I was involved in an accident (Date is irrelevant considering SOL is not on the immediate horizon) with a commercial truck. I was struck on the left rear and side when the truck changed lanes into my vehicle. It is important to note that this was NOT a “no-zone” accident. I was maintaining lane and maintaining speed when the driver drove into my vehicle. He continued into my lane for some few seconds pushing my vehicle almost forcing it out of my lane completely.

The driver admitted fault immediately at the accident scene and the investigation conducted by Georgia State Patrol confirmed this as well.

I drove my passenger and myself to a local E.R. as a precaution. I was treated for wrist sprains/strains and was immobilized with wrist splints. Other findings were minor strains and contusions. The E.R. doctor gave me a referral to a specialist if I still hand lingering symptoms after 7 – 9 days.

A representative contacted me in the E.R. waiting area with the other drivers insurance company. She asked for details about the accident and I cooperated to the best of my ability. I never saw the truck or accident coming, so my recount of that was limited and expressed to her. Approximately 15 minutes after this call had ended an adjuster (we will call Mr. Doe) contacted me with the other drivers insurance company. A message was left with his contact information.

Mr. Doe’s call was returned after leaving the hospital. I was asked to give a recorded statement on aspects of the accident. I expressed that I was uncomfortable giving a recorded statement and explained I had already spoke with a representative with his office disclosing all of the details I could provide. Mr. Doe stated, “I cannot move forward with this claim until I have a recorded statement. This is needed to resolve this.” I agreed to give a recorded statement in front of my passenger as a witness.

Mr. Doe began to probe about what my injuries were during this recording. I explained what the E.R. doctor had found. Mr. Doe questioned, “So that is the extent of your injuries?” When I explained, “I’m not a doctor. I cannot tell you that. I’m just relaying what he told me.” Mr. Doe again questioned, “But that is the extent of your injuries, correct?” I replied, “At this time.” The mood of the conversation changed from inquisitive to rushed and ended abruptly.

Two days after this accident I expressed the unusual handling characteristics of my car and popping noises made on the left rear suspension to my Mother. She offered to help me by calling my personal insurance adjuster to inquire if a rental agreement was on my policy. I agreed to delegate that responsibility to her while I was in school the next day. She was educated on the specific problems being experienced with the car and my concern with it being potentially unsafe to drive.

My personal insurance adjuster agreed to help secure a rental reimbursement by contacting Mr. Doe via 3-way call. It was explained to Mr. Doe that my mother was on the line and she was inquiring about rental reimbursement. Mr. Doe questioned, “How old is this boy again?” My adjuster replied, “26, but what has that got to do with anything?” Mr. Doe responded, “And he has his mother calling for him?!” The situation was explained and Mr. Doe “made a note” on the claim about the car and it’s unsafe nature.

After six days of waiting and several unreturned phone calls I was contacted by my personal insurance adjuster inquiring if I had received word on rental reimbursement yet. I expressed my frustration and my inability to reach Mr. Doe. My adjuster said she would contact Mr. Doe to inquire about his accepting liability in this claim. A copy of the police report was faxed to my adjuster and was relayed to Mr. Doe via his personal fax as this phone call was being made.

My appraiser informed me that Mr. Doe was quoted as saying “I have to give my driver the benefit of doubt. I have not had a chance to speak with him yet since he is on the road working.” I accepted this explanation and waited patiently for a decision.

Three days later (Day nine) I contacted Mr. Doe to inquire about his having spoken to his driver yet. I explained I was still without transportation and reiterated the fact I was hundreds of miles away from family and attending college full time. I pressed him for a decision on what he planned to do about this situation. Mr. Doe responded, “I don’t think I’m going to do anything about this situation. It’s been nine days and you’re acting like this has been nine months.” After a heated conversation (initiated by Mr. Doe whom started yelling in the previous comment) it ended with Mr. Doe saying, “I have nothing else to say to you and you don’t have anything to say that I want to hear. Do you have an attorney?”

I secured representation immediately because he was refusing to speak with me. My case manager called him within an hour and it was immediately determined he was accepting liability and that an appraiser would be by that weekend to see my vehicle.

My vehicle was declared a total loss three days later by the appraiser. That same evening Mr. Doe contacted my case manager and expressed he believed my car had no more than $500.00 worth of damage and that there was no suspension or chassis damage. He stated it was a cosmetic total and that his company would not pay to fix a car that old with that many miles. Its value was stated at $2,492.50.

I was instructed to have a mechanic inspect the car for suspension and/or chassis damage and obtain a report of the findings. It was confirmed that the vehicle had damage to suspension components and suspected chassis damage. A report was obtained and faxed to Mr. Doe immediately. Mr. Doe contacted my case manager and requested that the car be left with the inspecting technician so that his appraiser could document the damage found. We agreed and left the car with the mechanic.

After more than 4 weeks of day to day calls requesting an update on when the appraiser would be back to see the vehicle, a deadline was set giving Mr. Doe another week to act. The week came and went with the car still not being inspected and no effort made to photograph the suspension and chassis damage.

The car was taken to another mechanic to further document suspension and chassis damage. It was determined suspension and chassis damage was present and the quote for damage done (not a complete re-paint of the car) was $2,470.00.

After several more delays (typically six days or more) by Mr. Doe the total time to resolve this was 75 days from the date of the accident.

Throughout this situation a hand specialist was treating me. I received a diagnosis of “post traumatic carpal tunnel syndrome.” I expressed my desire to have a second opinion to my case manager and a referral was written with a different hand specialist. It seemed like an odd diagnosis but was reaffirmed with the second hand specialist after examination.

This information was relayed to Mr. Doe. He denied the likelihood any injury existed and stated he “will get a biomechanics expert to testify that no injuries could have resulted from this accident.” He literally laughed at the idea of getting carpal tunnel syndrome from an automobile accident despite what two independent hand specialists found.

An EMG was eventually ordered after exhausting all the conservative treatments (splinting, physical therapy stretches/exercises, and multiple steroid injections) that confirmed median nerve dysfunction. It was noted on the finding that the results were INCONSISTENT with a repetitive use injury. My non-dominant hand was approximately 2.5 times worse than my right (dominant), which is an unusual presentation. It was consistent with my complaints from the very first day that my left hand was much worse than my right.

When presented with this information Mr. Doe stated, “Well, he has carpal tunnel. But it wasn’t caused by this accident. I’ll just get an independent medical examiner to discredit this report.”

**Questions will follow in reply to this post. Length limitation exceeded.**What is the name of your state (only U.S. law)?

1) I was contacted twice before a doctor had seen me by his insurance company. His adjuster claims he was unable to reach his driver for as many as 9 days after this accident. What legal opinion/ramifications might you/this have if it is found to be false? What if it’s true?

2) I cooperated with a recorded statement under the assumption it was absolutely necessary to process this claim. Statements made to entice me to give this statement were aimed at making me believe this (I know differently now). What legal opinion/ramifications might you/this have?

3) I was forced to secure representation when Mr. Doe refused to speak with me any more on this matter despite my having been cordial and cooperative every step of the way. What legal opinion/ramifications might you/this have?

4) The delay under the impression an appraiser was coming back to re-examine my vehicle to document suspension/chassis damage seemed quite excessive. He was fully aware I was being treated for injuries that required doctors visits, attending school full time, and was away from family leaving me without any means of transportation. What legal opinion/ramifications might you/this have?

5) His appraiser never came back to review the damage with the mechanic. If the damage to the suspension and chassis could confirm that forces in this accident were sufficient to cause my injuries, what legal opinion/ramifications might you/this have?

6) 75 days to resolve a property damage claim where liability was never an issue in has been the longest my attorney and/or case manager has ever heard of in 20+ years of practice. What legal opinion/ramifications might you/this have?

7) Several occasions my injuries were denied and even preemptively fought. Despite having two independent findings and an OBJECTIVE diagnostic test that confirmed my condition and even showed to be consistent with a post traumatic onset I am still without a clear idea of how serious he is taking this. Surgery is immanent and this concerns me. Can he simply find an independent medical examiner to discredit all of this evidence? What legal opinion/ramifications might you/this have?

Okay, so maybe this won’t be quite as intriguing as the title suggests.

**I’m looking for LEGAL opinions on different aspects of this situation. I would appreciate sources cited, background on personal experience that is relevant, or citing specific laws where applicable.**

**Questions will follow in reply to this post. Length limitation exceeded.**What is the name of your state (only U.S. law)?

Well, if that is so, why don't you go get a lawyer?

We are volunteers, we are not getting paid to dissect your story and fill it in with sources and laws. thats what Lawyers are for.

We dont appreciate your tactic to get us to read your long long long story either.

As far as I can tell, from what I have quoted as that is all I am willing to go on this, is YOU sir should get a lawyer.

There is nothing that anyone on this forum can tell you that would be more informed or knowledgeable then what your lawyer can tell you.

Commercial claims take a long time. They are not going to be penalized for taking a long time, you will get your actual repair cost plus reasonable rental cost (if you rented a car) no more, no less. If your claim required investigation, then it required investigation. If it took them a while to speak with their driver, then it took them some time to speak with their driver. That's the way it is.

You really need to ask your lawyer the questions about your injuries. We could not possibly know the strength of your case better then him.

There is nothing that anyone on this forum can tell you that would be more informed or knowledgeable then what your lawyer can tell you.

Commercial claims take a long time. They are not going to be penalized for taking a long time, you will get your actual repair cost plus reasonable rental cost (if you rented a car) no more, no less. If your claim required investigation, then it required investigation. If it took them a while to speak with their driver, then it took them some time to speak with their driver. That's the way it is.

You really need to ask your lawyer the questions about your injuries. We could not possibly know the strength of your case better then him.

I appreciate the response and your time.

I'm trying to avoid any suggestive language in further implications this might have.

I'm here because my attorney suggested this might have some merit to a different area of practice. My personal research has confirmed this possibility but the information makes direct reference to how an insurance company treats its insured. Since this is not my personal insurance company, I figured I would give this a shot so I had a more informed position when speaking to an attorney specializing in this "other" area.

I hate to be in the throes of senior memberitis without being one, but here's how:

Okay, so maybe this won’t be quite as intriguing as the title suggests.

**I’m looking for LEGAL opinions on different aspects of this situation. I would appreciate sources cited, background on personal experience that is relevant, or citing specific laws where applicable.**

I apologize in advance for the length. For the sake of time and clarity I will provide a brief background on this situation and questions will follow chronologically. Records have been made of every conversation and can be verified by witnesses of high credibility. I currently have representation that specializes in personal injury but believe that aspects of this have forced it into a different area.

A few months back I was involved in an accident (Date is irrelevant considering SOL is not on the immediate horizon) with a commercial truck. I was struck on the left rear and side when the truck changed lanes into my vehicle. It is important to note that this was NOT a “no-zone” accident. I was maintaining lane and maintaining speed when the driver drove into my vehicle. He continued into my lane for some few seconds pushing my vehicle almost forcing it out of my lane completely.

The driver admitted fault immediately at the accident scene and the investigation conducted by Georgia State Patrol confirmed this as well.

I was in an accident the other driver admitted and the highway patrol confirmed was not my fault. I have a PI attorney, but I think I may need more.

I drove my passenger and myself to a local E.R. as a precaution. I was treated for wrist sprains/strains and was immobilized with wrist splints. Other findings were minor strains and contusions. The E.R. doctor gave me a referral to a specialist if I still hand lingering symptoms after 7 – 9 days.

A representative contacted me in the E.R. waiting area with the other drivers insurance company. She asked for details about the accident and I cooperated to the best of my ability. I never saw the truck or accident coming, so my recount of that was limited and expressed to her. Approximately 15 minutes after this call had ended an adjuster (we will call Mr. Doe) contacted me with the other drivers insurance company. A message was left with his contact information.

I went to the ER and talked to a representative of the other driver's insurance company and told him what happened.

I hate to be in the throes of senior memberitis without being one, but here's how:
I was in an accident the other driver admitted and the highway patrol confirmed was not my fault. I have a PI attorney, but I think I may need more.

I went to the ER and talked to a representative of the other driver's insurance company and told him what happened.

See how that works. Now, you finish.

I really wish you guys would stop complaining about willfully wasting your own time.

I appreciate the thought, but refuse to continually re-justify my position when the commentary is coming from individuals that have not taken the time to read the original post, or the additional explanations following it in dialogue.

If you're a superstar forum surfer with legal insight that is worth its weight in gold, please keep surfing. Stop typing.. Don't read.. Just move along through 35 other posts with short sentences. I'd hate to imagine someone not being able to get in some facebook time after willfully volunteering assistance in this matter.

I really wish you guys would stop complaining about willfully wasting your own time.

I appreciate the thought, but refuse to continually re-justify my position when the commentary is coming from individuals that have not taken the time to read the original post, or the additional explanations following it in dialogue.

If you're a superstar forum surfer with legal insight that is worth its weight in gold, please keep surfing. Stop typing.. Don't read.. Just move along through 35 other posts with short sentences. I'd hate to imagine someone not being able to get in some facebook time after willfully volunteering assistance in this matter.

When you are expecting free legal advice from volunteers, it is up to you to put your posts in a format that is easy for them. It is not for them to wade through paragraphs of unnecessary detail to get to the gist of your story.

Either pare it down to something more intelligible, or get used to the idea that no one here is going to respond. The burden is on you, not us.

BTW, I post on at least four other legal boards, and you would be told exactly the same thing on all of them.

If you can't trim your story down to a few succinct paragraphs then you either fail at communication or your situation is so complex that you shouldn't be looking for answers from volunteers. And the fact that you "sign" your posts is just icing on the cake that you either don't know or don't care what you're doing.

I read it, mainly because it was either that or fall asleep during a propositional logic lecture.

OP, what in the hell do you want? You are in the right. You will get a settlement from the insurance company. Insurance representatives have an agenda: to pay you the least amount. As stated previously, these cases take a long time. In the end, you will be made whole. We, as a message board, cannot expedite this process.

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